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Originally Posted by
confucius say
Already is. A vaccine mandated law passed by a state legislature has been upheld, as Liverpool referred to on the previous page. But a vaccine mandate via executive order or via an emergency temporary standard through OSHA (which is what Biden is doing) has never been ruled upon by SCOTUS. Is it legal? We will see, but I have my reservations.
Even if it is legal though (or if a state mandates it), federal law is clear that you are exempted from it if a sincerely held religious belief prevents you from taking the vaccine and a reasonable accommodation (like working remote, working alone, or daily testing) exists that doesn't cause your employer an undue hardship.
That's probably not what Biden is doing. As soon as the ETS is put in place, it will be challenged and should be enjoined. The announcement of the ETS is just to give employers cover to put mandates in place. The longer it drags out between the announcement and actually doing something that can be legally challenged, the better for the employers trying to use it as an excuse.
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